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I Now THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in I respect to VN-300: 11 II " Ii II II II I I I i '1 :1 \: " ~ i II I ATTEST: I I I I II RESOLUTION No. STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT APPROVING OF VARIANCE. VN-300. WHEREAS, an application for a variance has been made by Tom Thumb Food Markets, Inc. WHEREAS, the procedural history of the application is as follows: 1. An application for a variance was filed with the City of New Brighton on December 29, 1994. 2. The Planning Commission, pursuant to published and mailed notices, held a public , I hearing on January 17, 1995, and all persons present at the hearing were given an i " opportunity to be heard. 3. The City Council considered VN-300 on January 24, 1995. The subject site is zoned B-2, Neighborhood Business. Structures in a B-2 district must be setback 30 feet from the street right-of-way. Pump island canopies are considered to be structures. The proposed canopy for the subject site would be setback 25 feet from the right-of-way at the closest point. The right-of-way line along Old Highway 8 adjacent to the subject site jogs a total of 25 feet to the south creating an irregular front property line. 6. . The situation is unique in that the proposed canopy complies with the frontyard setback requirement of 30 feet, except for a distance of approximately 1 0 feet along the front property line where a jog in the line exists. The applicant has demonstrated unique and unusual circumstances and an undue hardship. 1. 2. 3. 4. 5. 7. BE IT FURTHER RESOLVED, the application VN-300 is hereby approved, subject to the following conditions: 1. Approval and continuing compliance with lP-298, SP-185, and NC-98. Adopted this 24th day of January, 1995. Robert Benke, Mayor Matthew S. Fulton, City Manager Margaret Egan, Finance Director/City Clerk (SEAL)